Steve Shim CJ (Sabah & Sarawak):

Before I proceed to read the judgment, let me say that on 7 August 2002, the late Mohtar Abdullah FCJ was due to deliver the judgment on this case but unfortunately, the day before, he was suddenly struck down with a stroke. It was then found necessary to await his recovery so that he could proceed to deliver the judgment. Sadly, he passed away. Hence the delay in the delivery of this judgment. It is therefore done pursuant to s. 78 of the Courts of Judicature Act 1964.

On 3 January 2000, the appellant was granted leave to appeal to the Federal Court on the following question:

Whether the review jurisdiction of the review court under Order 53 of the Rules of High Court, 1980, includes a right of the review court to decide for itself the correctness of the decision on the merits.

The factual background can be briefly stated. The respondent obtained his masters' degree in geology in 1977. He commenced work with the appellant on 16 December 1977 as a Trainee Geologist. He was later confirmed as a Geologist on 16 December 1978. Between 1979 and 1983 he served in various positions, finally as Section Head of Geological Projects which was a grade